Litter Pollution Act, 1997

Notices requiring the removal of litter.

9.—(1) Where it appears to a local authority that a person is contravening any provision of section 6 or that precautionary measures are required to prevent the creation of litter in the functional area of the local authority, the local authority may serve a notice on the person requiring the person to remove the litter to which the contravention relates or take such other precautionary measures specified in the notice as the local authority considers necessary.

(2) A notice under subsection (1) shall—

(a) identify the place or land to which it relates,

(b) state the grounds on which it is issued, and

(c) specify the time within which it is to be complied with.

(3) A person on whom a notice under this section is served may, within such time as may be specified in the notice, make submissions in writing to the local authority concerned regarding the terms of the notice and the authority, after consideration of any such submissions, may amend the notice.

(4) A person on whom a notice under this section is served shall, within the time specified in the notice, comply with its terms.

(5) Where a person fails to comply with a notice served on the person under this section, the local authority concerned may, by its employees or agents—

(a) give effect to the terms of the notice, and

(b) where necessary for that purpose, by its employees or agents enter into the place or on the land concerned,

and may recover the expenditure reasonably incurred by it in so doing from the person as a simple contract debt in any court of competent jurisdiction.

(6) A local authority may, upon such terms and conditions as may be agreed upon by it and the person concerned, in the case of any litter in respect of which this section applies—

(a) by its employees or agents remove the litter or, as may be appropriate, take other steps in relation to it, and

(b) for those purposes, by its employees or agents, enter into the place or on the land concerned.

(7) Any person who contravenes subsection (4) or obstructs or impedes a local authority or its employees or agents acting in the exercise of the functions conferred on a local authority by this section shall be guilty of an offence.